Education and Inspections Bill

House of Lords

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
31

(2)
Regulations may provide that, where this subsection applies in relation
to a maintained school—
(a)
the admission arrangements for the initial period (as defined by
subsection (7)) and each of a prescribed number of school years
following that period are to be the arrangements which fall to be
5
implemented in accordance with the proposals (or in
accordance with the proposals as modified), and
(b)
those arrangements may not be varied by the admission
authority for the school except—
(i)
to comply with any duty imposed on them by
10
regulations under section 89(1A), or
(ii)
in accordance with regulations under subsection (5).
(3)
Regulations under subsection (2) may exclude or modify any provision
of section 89 (other than section 89(1A)) in its application to cases to
which the regulations apply.
15
(4)
Regulations under subsection (2) may provide that in cases to which
the regulations apply the admission arrangements which fall to be
implemented in accordance with the proposals (or in accordance with
the proposals as modified) are to be treated for the purposes of section
86(5) to (5B) as having been determined by the admission authority
20
under section 89.
(5)
Regulations may prescribe circumstances in which an admission
authority may refer to the adjudicator proposals to vary admission
arrangements in cases to which regulations under subsection (2) apply.
(6)
Regulations may make provision as to the determination by the
25
adjudicator of any reference made by virtue of subsection (5).
(7)
In this section—
“initial period” means—
(a)
in relation to a maintained school which is being
established, the period beginning with the day on which
30
the school opens and ending with the beginning of the
first school term to begin after the following July;
(b)
in relation to a maintained school which is increasing
the number of pupils that may be admitted to the school
or enlarging its premises, the period beginning with the
35
first day on which additional pupils may be admitted or
(as the case may be) the enlarged premises are in use and
ending with the beginning of the first school term to
begin after the following July;
“prescribed alteration” means an alteration prescribed for the
40
purposes of section 18 of the Education and Inspections Act
2006.”
(3)
After section 90 of SSFA 1998 insert—
“90A
Restriction on alteration of admission arrangements following
adjudicator’s decision
45
(1)
This section applies where in accordance with section 90(8) the
admission authority for a maintained school in England have revised
any provisions of admission arrangements applying for a school year.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(2)
In this section, “the protected provisions” in relation to any admission
arrangements, means provisions corresponding to those revised in
accordance with section 90(8) or regulations under subsection (6) (as so
revised).
(3)
The admission authority for the school—
5
(a)
must incorporate the protected provisions in determining the
admission arrangements for each of a prescribed number of
school years following the school year in relation to which the
revision in accordance with section 90(8) was made, and
(b)
may not vary those arrangements in such a way as to alter the
10
protected provisions.
(4)
Subsection (3) does not apply to the extent that—
(a)
the admission authority are required to determine or vary their
admission arrangements in a way which alters the protected
provisions in order to comply with any duty imposed on them
15
by regulations under section 89(1A), or
(b)
the arrangements may be determined or varied in a way which
alters those provisions in accordance with regulations under
subsection (6).
(5)
Regulations may exclude or modify any provision of section 89 (other
20
than section 89(1A)) in its application to cases to which this section
applies.
(6)
Regulations may prescribe circumstances in which an admission
authority to whom subsection (3) applies may refer to the adjudicator
proposals to determine or vary their admission arrangements in a way
25
which alters the protected provisions.
(7)
Regulations may make provision as to the determination by the
adjudicator of any reference made by virtue of subsection (6).”
43
Objections to admission arrangements
(1)
Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of
30
State) is amended as follows.
(2)
After subsection (5) insert—
“(5A)
Where the adjudicator or the Secretary of State is required by virtue of
subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an
objection to admission arrangements, he may consider whether it
35
would be appropriate for changes to be made to any aspect of the
admission arrangements, whether or not he would be required to do so
for the purpose of determining the objection.
(5B)
In the case of any objection referred to him under this section, the
adjudicator or the Secretary of State (as the case may be) must publish
40
a report containing the following—
(a)
his decision on the objection,
(b)
any decision he has made on whether it would be appropriate
for changes to be made to the admission arrangements, whether
in the light of his decision on the objection or otherwise, and
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
33

(c)
his reasons for the decisions mentioned in paragraph (a) and
(b).
(5C)
Where the adjudicator or the Secretary of State (as the case may be)
decides that it would be appropriate for changes to be made to the
admission arrangements, his decision may specify the modifications
5
that are to be made to the arrangements.”
(3)
Subsections (6) and (7) are omitted.
(4)
For subsection (8) substitute—
“(8)
The decisions of the adjudicator or the Secretary of State mentioned in
subsection (5B)(a) and (b) shall, in relation to the admission
10
arrangements in question, be binding on the admission authority and
on all persons by whom an objection may be made under subsection (1)
or (2); and, if the adjudicator or the Secretary of State has decided that
it would be appropriate for changes to be made to the admission
arrangements, those arrangements shall forthwith be revised by the
15
admission authority in such a way as to give effect to the decision.”
(5)
In subsection (9)—
(a)
after paragraph (b) insert—
“(ba)
requiring an admission authority for a maintained
school in England to provide information which—
20
(i)
falls within a prescribed description, and
(ii)
is requested by the adjudicator or the Secretary
of State for the purposes of his functions under
this section;”, and
(b)
in paragraph (c) for “any matters required to be published under
25
subsection (7) are” substitute “a report required to be published under
subsection (5B) is”.
(6)
Omit subsection (10) (which has the effect of requiring certain cases to be
referred by the adjudicator to the Secretary of State).
44
Looked after children to whom section 87(2) of SSFA 1998 applies
30
(1)
In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2)
applies) after subsection (2) insert—
“(2A)
Subsection (2) does not apply in relation to a decision made by or on
behalf of a local education authority in England to admit to a school a
child who is looked after by a local authority in England (provision for
35
references to the adjudicator in relation to such a decision being made
by section 95A).”
(2)
After that section insert—
“95A
References relating to looked after children to whom section 87(2)
applies
40
(1)
This section applies where—
(a)
a local education authority in England are the admission
authority for a community or voluntary controlled school, and
(b)
a decision is made by or on behalf of the authority to admit to
the school a child who, at the time when the decision is made, is
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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looked after by a local authority in England and to whom (at
that time) section 87(2) applies.
(2)
The local education authority must give notice of the decision to the
governing body of the school.
(3)
The governing body of the school may, within the period of seven days
5
beginning with the day on which they are notified of the decision, refer
the matter to the adjudicator.
(4)
A reference under subsection (3) may only be made on the ground that
the admission of the child to the school would seriously prejudice the
provision of efficient education or the efficient use of resources.
10
(5)
If the adjudicator determines that the admission of the child to the
school would have the effect mentioned in subsection (4)—
(a)
the decision to admit the child to the school shall cease to have
effect, but
(b)
the adjudicator may determine that another maintained school
15
in England is to be required to admit the child.
(6)
A determination under subsection (5)(b) may only be made with the
agreement of the local authority who look after the child.
(7)
A determination under subsection (5)(b) may not be made if—
(a)
the child is permanently excluded from the other school, or
20
(b)
the admission of the child to the other school would seriously
prejudice the provision of efficient education or the efficient use
of resources.
(8)
If the adjudicator determines under subsection (5)(b) that another
school is to be required to admit the child—
25
(a)
the admission authority for the school shall admit the child to
the school, and
(b)
if the admission authority are not the governing body of the
school, the admission authority shall give notice in writing to
the governing body and head teacher of the school of the
30
adjudicator’s decision.
(9)
Regulations may make provision—
(a)
requiring the adjudicator to consult prescribed persons or
persons of a prescribed description before making any
determination in connection with a reference under this section;
35
(b)
requiring an admission authority for a maintained school to
provide information which—
(i)
falls within a prescribed description, and
(ii)
is requested by the adjudicator for the purposes of any
such determination.”
40
45
Procedure for giving directions under section 96 of SSFA 1998
In section 97 of SSFA 1998 (procedure for giving directions under section 96)—
(a)
in subsection (2)(b)—
(i)
for “the Secretary of State” (in both places where it occurs)
substitute “the appropriate authority”, and
45

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(ii)
for “his determination” substitute “its determination”,
(b)
in subsection (3), for “the Secretary of State” substitute “the appropriate
authority”,
(c)
in subsection (4)—
(i)
for “the Secretary of State” substitute “the appropriate
5
authority”,
(ii)
for “if he does so” substitute “if it does so”, and
(iii)
in paragraph (a)(ii) for “the Secretary of State’s” substitute “the
appropriate authority’s”,
(d)
in subsection (5) for “The Secretary of State” substitute “The
10
appropriate authority”, and
(e)
after subsection (6) insert—
“(6A)
In this section, “the appropriate authority” means—
(a)
in relation to a local education authority in England, the
adjudicator, and
15
(b)
in relation to a local education authority in Wales, the
Assembly.”
46
Direction to admit looked after child to specified school
(1)
After section 97 of SSFA 1998 insert—
“97A
Direction to admit looked after child to specified school
20
(1)
A local authority in England may, in relation to a child looked after by
them, give a direction under this section to the admission authority for
any school in England other than a school for which the local authority
are the admission authority.
(2)
A direction under this section shall not specify a school from which the
25
child is permanently excluded.
(3)
Where a school is specified in a direction under this section, the
admission authority shall admit the child to the school.
(4)
Subsection (3) does not affect any power to exclude from a school a
pupil who is already a registered pupil there.
30
97B
Procedure for giving direction under section 97A
(1)
Before deciding to give a direction under section 97A, the local
authority shall consult the admission authority for the school they
propose to specify in the direction.
(2)
The admission authority for the school shall, within the period of seven
35
days beginning with the day on which they are consulted as mentioned
in subsection (1), inform the local authority whether they are willing to
admit the child to the school without being directed to do so by the
authority.
(3)
Where the local authority decide to give a direction under section 97A
40
specifying a school—
(a)
they shall, before doing so, serve a notice in writing of their
decision on—
(i)
the admission authority for the school,

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(ii)
if the school is a community or voluntary controlled
school and the governing body of the school are not the
admission authority, the governing body of the school,
(iii)
if the school is maintained by a local education authority
who are not the authority proposing to give the
5
direction and are not the admission authority, the local
education authority who maintain the school, and
(iv)
the head teacher of the school, and
(b)
they shall not give the direction until the period for referring the
matter to the adjudicator under subsection (4) has expired and,
10
if it is so referred, until the adjudicator has made such
determinations under this section as it appears to him to be
appropriate to make in connection with the reference.
(4)
The following persons—
(a)
the admission authority on whom a notice is served under
15
subsection (3)(a)(i), and
(b)
in the case of a notice relating to a child to whom (at the time of
service of the notice) section 87(2) applies, the governing body
of a community or voluntary controlled school on whom the
notice is served under subsection (3)(a)(ii),
20

may, within the period of seven days beginning with the day on which
the notice was served, refer the matter to the adjudicator and, if they do
so, shall inform the local authority.
(5)
A reference under subsection (4) may only be made on the ground that
the admission of the child to the school would seriously prejudice the
25
provision of efficient education or the efficient use of resources.
(6)
If the adjudicator determines that the admission of the child to the
school would have the effect mentioned in subsection (5)—
(a)
the local authority may not give a direction under section 97A
that the school admit the child, but
30
(b)
the adjudicator may determine that another school in England
is to be required to admit the child.
(7)
A determination under subsection (6)(b) may only be made with the
agreement of the local authority who look after the child.
(8)
A determination under subsection (6)(b) may not be made if—
35
(a)
the child is permanently excluded from the other school, or
(b)
the admission of the child to the other school would seriously
prejudice the provision of efficient education or the efficient use
of resources.
(9)
If the adjudicator determines under subsection (6)(b) that another
40
school is to be required to admit the child, then—
(a)
if the local authority referred to in subsection (1) are the
admission authority for that school they shall—
(i)
admit the child to the school, and
(ii)
give notice in writing to the governing body and head
45
teacher of the school of the adjudicator’s decision, and
(b)
in any other case, the local authority shall specify that school in
their direction under section 97A.

Education and Inspections Bill
Part 3 — Further provisions about maintained schools
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(10)
A direction under section 97A shall be given by notice in writing and a
copy of the notice shall be given by the local authority to the head
teacher of the school.”
(2)
In section 84 of SSFA 1998, after subsection (6) (which defines terms used in
Chapter 1 of Part 3 of that Act) insert—
5
“(7)
In this Chapter, references to a child who is looked after by a local
authority are to be read in accordance with section 22(1) of the Children
Act 1989.”
(3)
In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the
meaning of section 22 of the Children Act 1989)”.
10
(4)
In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter
1 of Part 3 but not in sections 96 and 97)” insert—

“child looked after by a
section 84(7)”.

local authority (in

Chapter 1 of Part 3)

15
47
Directions to admit child to specified school: supplementary provisions
(1)
In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a)
after “section 96” insert “or 97A”.
(2)
In section 96 of SSFA 1998 (direction to admit child to specified school)—
(a)
in subsection (3) for “the Secretary of State” substitute “the appropriate
20
authority (within the meaning of section 97)”, and
(b)
in subsection (8) for “section 97” substitute “sections 97 to 97C”.
(3)
After section 97B of SSFA 1998 (inserted by section 46) insert—
“97C
Determinations under section 97 or 97B: supplemental
Regulations may make provision in relation to England—
25
(a)
requiring the adjudicator to consult prescribed persons or
persons of a prescribed description before making any
determination in connection with a reference under section 97
or 97B;
(b)
requiring an admission authority for a school to provide
30
information which—
(i)
falls within a prescribed description, and
(ii)
is requested by the adjudicator for the purposes of any
such determination.”